Plaintiff, a military veteran who was bound by the limited tort threshold, was struck by the Defendant’s vehicle as the Defendant was changing lanes. As a result of the accident, Plaintiff claimed to have multiple permanent injuries to her neck, lower back, left foot, right shoulder, and left elbow. On the day after the accident, Plaintiff presented to the ER, and thereafter underwent a course of chiropractic and physical therapy treatment. The Plaintiff also underwent multiple cortisone injections to her left foot, two lumbar epidural injections, and a trigger point injection to the upper right trapezius. She was diagnosed with lumbar disc protrusions by MRI, plantar fasciitis of the left foot, right wrist sprain, right shoulder sprain, epicondylitis of the right elbow and sprains and strains of the cervical, lumbar and thoracic regions. At trial, Plaintiff testified that she is no longer the person she used to be prior to the accident. Specifically, she is no longer able to be physically active and run several miles a day as she did before the accident.
In a jury trial before the Honorable Judge Thomas P. Rogers, Jessica argued that Plaintiff did not sustain a serious impairment of a body function as there was minimal damage to the vehicles and Plaintiff was able to go back to work the very next day. Additionally, Jessica presented records during cross-examination showing that Plaintiff herself described the accident as “extremely minor” to her treating physician. Jessica also argued that Plaintiff was involved in a subsequent slip and fall where she injured her lower back and she only started receiving lumbar epidural injections after the subsequent fall.
The jury ultimately found that the Plaintiff did not sustain a serious impairment of a body function and entered a defense verdict in favor of Jessica’s client.
